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Article Written on: Thursday-November-19-2009 BuzzBoards Calendar Contact Advertise About
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Court Rules Army Corps Liable For MRGO Flooding During Katrina


Written by: BayouBuzz Staff


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U.S. District Court Judge Standwood Duval that the U.S. Army Corps of Engineers were liable for damages caused by flooding associated with the failed operation and maintenance of the navigation canal called the Mississippi River Gulf Outlet (MRGO).  

Though the judge granted six of the plaintiffs in this lawsuit a total of less than $750,000, tens of thousands of other property owners could be eligible for compensation due to the negligence of the Corps of Engineers. The decision only applies to the areas flooded by the MRGO, which is limited to New Orleans East and St. Bernard Parish, but the estimated 80,000 claims could result in hundreds of millions in damages owed by the Federal Government.

Sen. Landrieu said:

“Judge Duval’s decision confirms what I and other leaders from Louisiana have been saying since the horrifying days following Hurricane Katrina: this was one of the most catastrophic natural and man-made disasters in American History. 

“The finding that the Corps of Engineers was “grossly negligent” in its operation and maintenance of a federal navigable waterway has serious implications for all of coastal Louisiana, and the entire country. This nation has severely neglected its responsibilities when it comes to investing in critical infrastructure and it is costing us lives and billions of unnecessary dollars.

“Nearly all of the 80,000 homes in St. Bernard Parish and New Orleans East were raised to the ground by the flood waters that rushed through the MRGO. The devastation and loss of life, community and economic livelihood dealt a blow to this area, the likes of which have rarely been seen in this country. 

“It is my sincere hope that this decision is upheld and the people of the region are finally vindicated and receive a full and just compensation from the U.S. Government for their damages. In the coming days, I will be working directly with President Obama to ensure that his administration understands the implications of this decision and the immediate need for the government to reach a final resolution for the people of New Orleans and St. Bernard Parish.

“This decision also confirms my belief that we need sweeping change to flood protection, coastal restoration, and water management for our cities, large and small, in Louisiana. The Corps of Engineers can no longer be relied upon as the lone agency charged with protecting our coastal communities. This fragile and unique delta is in a state of environmental, ecological and economic crisis and we need a new approach from the federal government to swiftly address these serious challenges. 

“That is why President Obama has answered my call to get the federal government’s house in order. He has convened an interagency task force to address the failings of the Corps and chart a new course for coastal protection and restoration in Louisiana. The findings of this group will inform specific executive and legislative actions to reform this process and provide a robust and long term implementation strategy to restore our wetlands and make our communities safer and more resilient.

“I call on the President to move his cabinet to immediate action and use this decision as an opportunity to avert future loss of life and expense to the Treasury. We cannot afford to wait for the next failure of our federal government to get it right. We have waited long enough.”

(From Mary Landrieu's Press Office)



 












 

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Comments from BayouBuzz readers

or it perhaps was even 10/4 except for the big no-way our brave and illustrious leaders decided upon while they experienced great personal visions and aspirations and rolled the bones in contemplation of our fate..
Written by   on 11/24/2009
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But you know something there Kp, had the Corp of engineers back in '95 or '96 allowed me to begin providing my STRONGCONCRETE technology as an inexpensive format such as 'levee matting/scour protection' there is a pretty good possibility or probablility that the MRGO thing wouldn't have been as bad an issue as it turned into.. Perhaps a lot of the 'New Orleans' area would have suffered less flooding...... Oh well, if hindsight is 20/20 than my forsight must have been 10/10.........
Written by STRONGCONCRETE on 11/24/2009
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Yeah, girls can sometimes get guys to do some pretty stooopid things there Kp.... But they are a lot of fun sometimes too, so I guess we sometimes have to accept the good with the bad.... ehhhhhhhhhhhhhhh,,, such is life....
Written by   on 11/23/2009
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BERWICK? My Dad's was a Berwick boy. I believe he grew up on 3rd Street. He once walked me across the pedestrian part of the old bridge which he informed me he had to cross to go to high school in Morgan City. His Mom's family was from there, Gilmores. My Great Uncle Murphy Gilmore gave me his baseball card collection - a collection going back to the "teens" - Christy Matheson, Honus Wagner, the great Yankee lineup from '27. Yeah ... he gave 'em to me when I was 9 or 10 ... after being laughed at by the girls in seventh grade for having toy soldiers ... I threw all my toys away ... including that baseball card collection. ............... Damn.
Written by kpf on 11/21/2009
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I hear you on that Kp, and when it comes to folks in New Orleans, well, THEY LOVE IT!!!! And I say to myself; “Why not, because after all home is where the heart is”…. I wouldn’t want to be ‘stuck’ there, but then again, many New Orleanians wouldn’t want to be ‘stuck’ in Berwick…. And yet I like this place, and call it ‘home’ although I would rather spend a bit more time somewhere else, but anyways, soooooooooooooooo…….. Still, the argument is moot, because I know of many an Appalachian resident that would die if they were forced to live in Louisiana, and many a Louisianan would ‘die’ if they were forced to live in California…. But it does boil on down to protection of what there is in place right now… And it is going to cost money… And I do not see the expenditures of money on something of value as being a waste… And many times the waste I see is the lack of development of the natural renewable resources we have right on hand…. But when the investment to develop those are extravagant to the point that other cost effective approaches are completely ‘stepped on’, well then, that is where I see the problem…. Technological advances… Take Bullwinkle for instance… If it weren’t for the advent of directional drilling and multi-template production units such as that exploration, development and production of that particular field it rests in off the Mississippi Canyon would be infeasible…. And putting additional rigs right there in that region would also probably be infeasible…. So again, I suppose it all boils down to prohibiting further ‘nesters’ in that area that would lead to a collapse of the viable instrument that is already in place……. So, now New Orleans has uncountable billions invested into its infrastructure, and it still lacks CAT 5 protection….. And sad to say, if that is not installed, no, no money should be sent next time…. Now if they want CAT 5 protection, I guess ‘they’ and everyone else should be looking for less expensive ways to do it….. And it isn’t just N.O….. It is ALL of COASTAL LOUISIANA…. And then why be selfish? There are other regions around the states as well…. Louisiana has a shrimp selling problem? Well, just like the raisin issue in California/China that is being thought of right now, there are 100’s of other issues…. Louisiana needs to unselfish its ass up and be a team player… Life isn’t a superbowl, or the Saints, it is everything that surrounds us in all its big and small components. That is what life is….. Ehhhhhh, what’s the use? All we have is a bunch of snot licking, booger rolling weirdo’s hiding under their desks hoping for the end while they labor under the disillusionment that they aren’t going to be scathed or affected along with the rest of the folks…. But then again, if they are part of a governmental oligarchy, perhaps their bet might pay off… Nothing like being in charge of the serfs, smurfs, or slaves I suppose…… Pays well I am sure…… Just ask any taxpayer how much it contributes on a yearly basis to support them……
Written by   on 11/21/2009
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That's a pretty hard line there WB.......... But it would be reasonable to demand that there be 0 additional developement/draining - filling of marshes, or swamps... and it would also be reasonable to expect less expensive paradigms to become advent for the protection of people in flood prone areas.... around the nation, and not just in Louisiana... And of course then there are global concerns to consider.....
Written by   on 11/21/2009
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Think about it Smitty, this land has been flooding for thousands of years. Build here, ya get flooded. What makes us think in our arrogance that we can stop that? We do what we can to stop flooding, but nothing is 100%. I certainly do not think people who live on high ground should have to do without to pay for those who decide to live where the high ground - the "high ground" mind you - is a buildup of silt deposits from flooding over eons. Add to this the fact that building levees causes the ground it surrounds to sink ... gee ... and we sometimes flood? ... wow .... no s#it.
Written by kpf on 11/21/2009
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I'll support paying everyone in the city, if I can also refuse to provide any further protection or financial support from the state or federal level to the drained-swamp-dwellers of NOLA.
Written by   on 11/21/2009
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I would suppose the rest of America is not responsible for the levee’s because the state put up some of the dollars to build them, and the feds put up some of the dollars, and the state is supposed to maintain the levees? So why is Corp of Engineers approval needed for designs, and why do politicians and government entities (especially with the state who to a greater extent influence the decision on who will be allowed to build them) spend more on these things than what is necessary? Is it perhaps just a crap shoot they play with the taxpayers lives, sweat, money, safety, values? Or is it just a couple of snot lickers that get their thrills out of getting their money for nothing and their checks for free while they hide under their desks rolling their boogers in their fingers????
Written by STRONGCONCRETE on 11/21/2009
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KPF-- you offered me a bedtime story, and you pulled out the phone-book.......... The Corps is responsible for MRGO...(close to St.Bernard) So, that means that the total wipe-out of Lakeview is just screwed. Whoa.
Written by KJ on 11/20/2009
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"... tell me the language that eliminated him and others from making a claim in these areas?" Well KJ, there is a 1928 law which immunizes the government against claims that its flood-control projects may not work. Remember how you and others criticized David Vitter for trying to "not count illegal aliens" and pointed out how foolish he was as they needed to be counted as "this was the law" - well ... "the law" says the government cannot be sued due to their levees ... um ... not holding back water and flooding homes and drowning people and such as all that. This case was won due to a "navigation" project causing flooding, not poorly built levees. So - unless you want to be as "foolish" as David Vitter - or you no longer "respect the law" - accept the fact that NO ONE is entitled to a SINGLE PENNY from the Federal government due to failed levees. "It's the law" - and just as those who think we should not count illegal aliens must accept (and in fact "embrace") the law, so too must those who think they are entitled to compensation from the government must also accept - and embrace - the law the government has in place concerning THEIR responsibility for their levees - which just so happens to be "zilch" "nada" "none whatsoever."
Written by kpf on 11/20/2009
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WB: Is that you Nagin? My oh my that trip to Cuba must have boosted your ego!!!!!
Written by   on 11/20/2009
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Louisiana needs to go. Put the state in the hands of someone else who may be capable of self-government.
Written by   on 11/20/2009
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Vitter seems to agree with the court, so it must be a good thing. Vitter, Jindal and Mary need to go.
Written by Cry over this on 11/20/2009
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Yeah, tax money gravy train for NO. Build more stuff in the hole. Sit back and wait for the next big one and cash in again and again. Finally, a successful economic model for NO - big government checks for everyone!!!! Personally, I prefer mountain scenery, so I think I'll build a chateau on the side of a volcano and sue the feds when it gets destroyed. In all reality, the feds should just buy out everyone and everything in NO, and then abandon the levee system once and for all. Taxpayers have been milked for billions in hopeless efforts to maintain the infrastructure and "culture" of New Orleans. And when the inevitable failure of both comes about, then sue your fellow Americans for another windfall. What happened to the Federal City idea? NO is a perpetual perfect storm for democratic party socialism. Never ending need and never-succeeding programs.
Written by   on 11/20/2009
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What about New Orleans East and Lakeview?.. Why were they left out of this lawsuit? I don't understand why the resident from N.O.East is the only one not eligible for damages........tell me the language that elimnated him and others from making a claim in these areas? Is there something else in the works? They're probably lined-up afer yesterday's ruling.
Written by KjunLady on 11/19/2009
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Wait until the government runs healthcare. If you think this case is a raid on the treasury, wait until someone decides that a drug or procedure administered by the government caused an unintended problem. That kind of lawsuit abuse send trillions of our tax dollars to the ambulance chasers and their lying, conniving clients.
Written by   on 11/19/2009
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So where does this money come from????? Taxpayers of course. Hopefully this will be overturned.
Written by kpf on 11/19/2009
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What's another 50 billion tax dollars dumped into New Orleans? All of the tax money shoveled their before has done nothing for the place. For every life rejuvenated with the money, 20 more will be destroyed by crime, excess and debauchery. Lawyers will become billionaires, but the population will be no better off within 3 years of receiving their windfalls.
Written by NFH on 11/19/2009
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- - - - Sen. Landrieu said: “Judge Duval’s decision confirms what I and other leaders from Louisiana have been saying since the horrifying days following Hurricane Katrina: this was one of the most catastrophic natural and man-made disasters in American History. !?!?!?!!??????? - - - - - Well, it is plain to see she is well versed with the contents of h t t p: / / w w w. Strongconcrete. com / Page 6. H t m l………. Because on that page you will find both terms “man made disasters” and “manmade catastrophes” where they relate to Hurricane Katrina, New Orleans, and the varied losses that occurred or that were incurred there used….. Excellent use of words there Mary baby…. Almost as if someone helped you write the script, or are you merely guilty of plagiarism? So tell us Mary, darling, now that the courts have confirmed what I posted 3, going on 4 years ago on my website as they relate to those events being “man made disasters” and “manmade catastrophes”, and being as I already explained what the economic conditions we are currently experiencing were going be like as well, and I also explained that the government was going to be on tough times on other pages on that website, and of course now that the courts have assigned ‘guilt’ or ‘blame’ to an entity of the government and the government is now going to have to come up with the money for the victims (and sister, it is going to be a lot, believe you me) how much more money is the Govvy-Gov-Gov going to come up with for protection from the elements not only in New Orleans, or around Louisiana, but in other regions and vicinities around the nation and even regions under protection, or sponsored by our nation around the globe as well??? And perhaps more importantly, WHERE ARE THEY GOING TO COME UP WITH THIS MONEY??? You see Mary baby, you have know about the generous provisions of aid for the state of Louisiana that would save millions of Louisiana tax dollars AND probably end up saving billions of Federal tax dollars that are posted at h t t p: / / w w w. strongconcrete. com / Page 12. h t m l for quite some time now…. Or are you and your staff going to claim to be inept much in the same fashion as Governor Jindal and his staff is….. Along with the hundred or so state legislatures and senators for Louisiana, and the other Congressional representatives, and Corp of Engineers representatives and staff members I have contacted on numerous occasions during the past 4 going on (and in some instances 5 to 10 years) 5 years? Tell us Mary baby, how long are you and your wonderful cohorts in and around the state and nation going to keep on skreweing us to death with taxes and losses??? Mary my dear, I think you are merely another one of those man made disasters / manmade catastrophes now aren’t you?
Written by STRONGCONCRETE on 11/19/2009
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